§ 92.40 REGULATION OF OPEN BURNING.
   (A)   Definition. Open fire or open burning includes burning leaves, branches, or other plant material, trash, lumber, tires, newspapers, plastics, or other non-vegetative material except burning charcoal or propane in a grill, fireplace, or fire pit (burning charcoal or propane in a grill, fireplace, or fire pit does not constitute open fire or open burning).
   (B)   Prohibition of open burning (burning ban). During periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to G.S. Chapter 143, Article 21B the Fire Chief of the Town of Murphy Volunteer Fire Department, or in his absence the Assistant Fire Chief, is authorized to prohibit all open fires or open burning within the corporate limits of the Town of Murphy.
   (C)   Notice. The Fire Chief of the Town of Murphy Volunteer Fire Department, or in his absence the Assistant Fire Chief, shall issue a press release containing relevant details of the prohibition (burning ban) to news media serving the Town of Murphy.
   (D)   Violation. It shall be unlawful and a violation of this section for any person to willfully start, to cause to be started, or to maintain any open fire or open burning while open fires or open burning are prohibited as set forth herein.
   (E)   Penalty. Any person who shall violate or fail to comply with the provisions of this section or who shall counsel, aid, or abet any such violation or failure to comply shall be deemed guilty of a Class 3 misdemeanor and shall be punished by imprisonment up to a maximum of 30 days or a fine up to, a maximum of $500.
(Ord. passed 12-6-2021)